Will an Extended School Year or Extended School Day Benefit Your Child?

By Hillary D. Freeman, Esq.

Some students require additional instruction beyond the typical school
day or typical school year to make meaningful progress towards their IEP
goals. This is referred to as extended school day (“ESD”)
and extended school year (“ESY”).

Under the Individuals with Disabilities Education Act ("IDEA"),
such services must be provided to a child if it is determined by the IEP
team that the services are necessary for the individual.

Regression/Recoupment Analysis: One of the most common factors in determining a child's need for such services
is the regression/recoupment analysis. Under this analysis, the amount
of regression a student will experience if there is an interruption in
educational services and the amount of time it would take that individual
to regain the prior level of skill are considered. If the child will regress
during the summer break (or between school days) in academics or skills
learned or emerging, or if the child will not be able to recover the skills
learned at the level previously demonstrated in enough time and thus prevent
further progress, then an ESD and/or ESY should be provided to the child.

There are other factors that should be considered however, in addition
to the above analysis. Specifically, these additional factors include:

Degree of impairment;

Ability to interact with non-disabled children;

Child's rate of progress;

Vocational needs of the child;

Rate of progress;

Behavioral and physical needs of the child;

Availability of alternative resources;

Educational structure provided at home;

Whether ESY is an extraordinary service based on the child's specific needs;

Areas of the curriculum which need continuous attention; and

Whether the child is at a developing state of a skill critical to his or
her self-reliance

ESD and ESY services may be provided in a variety of forms. This could
include but not be limited to 1:1 tutoring, related therapies, social
skills groups, or practicing skills in the home and/or community. Whatever
the service may be, it must be provided in accordance with the student’s
individualized needs.

Freeman Law Offices, LLC is available to assist you in securing an appropriate
IEP for your special needs child. Please call us at (609) 454-5609 or
contact us through our website for help.

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The information on this website is for general information purposes only.
Nothing on this site should be taken as legal advice for any individual
case or situation. This information is not intended to create, and receipt
or viewing does not constitute, an attorney-client relationship.

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